2023 Regular SessionVirginia Legislature

HB1399: Elementary schools, etc.; designation of interscholastic, etc., sports, student participation.

Legislative Summary

Elementary and secondary schools and institutions of higher education; interscholastic, intercollegiate, intramural, and club athletic teams and sports; student participation; certain requirements. Requires each interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education to be expressly designated as one of the following based on each team member's biological sex at birth: (i) for "males," "men," or "boys"; (ii) for "females," "women," or "girls"; or (iii) as "coed" or "mixed," including both (a) males, men, or boys and (b) females, women, or girls. The bill prohibits any interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education and that is expressly designated for "males," "men," or "boys" from being open to any student whose biological sex at birth is female unless such school or institution does not sponsor such a team or sport that is expressly designated for "females," "women," or "girls" or as "coed" or "mixed." The bill prohibits any interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education and that is expressly designated for "females," "women," or "girls" from being open to any student whose biological sex at birth is male. The bill prohibits any interscholastic, intercollegiate, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education from competing against any interscholastic, intercollegiate, or club athletic team or sport that is sponsored by a private elementary or secondary school or a private institution of higher education unless such private school or institution complies with the applicable provisions of the bill for the team or sport that it sponsors. The bill also establishes a cause of action for students, schools, and institutions that suffer harm as a result of a violation of certain provisions of the bill. The bill finally prohibits any school board from using any funds or permitting any school within the local school division to use any funds to join, affiliate with, pay dues or fees to, or in any way financially support any interscholastic athletic association, body, or entity unless the constitution, rules, or policies of such association, body, or entity recognizes, sanctions, and regulates interscholastic competition between wrestling teams exclusively comprised of students whose biological sex at birth is female. Elementary and secondary schools and institutions of higher education; interscholastic, intercollegiate, intramural, and club athletic teams and sports; student participation; certain requirements. Requires each interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education to be expressly designated as one of the following based on each team member's biological sex at birth: (i) for "males," "men," or "boys"; (ii) for "females," "women," or "girls"; or (iii) as "coed" or "mixed," including both (a) males, men, or boys and (b) females, women, or girls. The bill prohibits any interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education and that is expressly designated for "males," "men," or "boys" from being open to any student whose biological sex at birth is female unless such school or institution does not sponsor such a team or sport that is expressly designated for "females," "women," or "girls" or as "coed" or "mixed." The bill prohibits any interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education and that is expressly designated for "females," "women," or "girls" from being open to any student whose biological sex at birth is male. The bill prohibits any interscholastic, intercollegiate, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education from competing against any interscholastic, intercollegiate, or club athletic team or sport that is sponsored by a private elementary or secondary school or a private institution of higher education unless such private school or institution complies with the applicable provisions of the bill for the team or sport that it sponsors. The bill also establishes a cause of action for students, schools, and institutions that suffer harm as a result of a violation of certain provisions of the bill. The bill finally prohibits any school board from using any funds or permitting any school within the local school division to use any funds to join, affiliate with, pay dues or fees to, or in any way financially support any interscholastic athletic association, body, or entity unless the constitution, rules, or policies of such association, body, or entity recognizes, sanctions, and regulates interscholastic competition between wrestling teams exclusively comprised of students whose biological sex at birth is female.

Demographic Impact

Overall analysis of equity impact

80% Bias
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Bill History

11/30/2022
Prefiled and ordered printed; offered 01/11/23 23100012D
House of Delegates
11/30/2022
Referred to Committee on Education
House of Delegates
1/20/2023
Assigned Education sub: Higher Education
House of Delegates
2/7/2023
Left in Education
House of Delegates

Status Information

Current Status
Introduced(11/30/2022)
Chamber
House of Delegates
Committee
Education(House of Delegates)
Sine DiePrior Session

Sponsors

Republican: 1

Primary Sponsor

Marie March
Marie March
Republican

Documents

Prefiled
Bill Text11/30/20228.9 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/12/202361.1 KB